Bill Text: IL HB4793 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4793 Detail]

Download: Illinois-2019-HB4793-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4793 Introduced ___________, by SYNOPSIS AS INTRODUCED:
725 ILCS 5/Art. 106G heading new
725 ILCS 5/106G-5 new
725 ILCS 5/106G-10 new
Amends the Code of Criminal Procedure of 1963. Creates a bill of rights for children of incarcerated parents. Provides that the Department of Corrections, the county sheriff, or county correctional department shall develop and implement policies and practices that adhere to the bill of rights for decisions that impact incarcerated individuals with children. Effective immediately.
LRB101 19163 RLC 68626 b
A BILL FOR
HB4793 LRB101 19163 RLC 68626 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Bill
of Rights for Children of Incarcerated Parents Act.
Section 3. Purpose. The purpose of this Act is to ensure
the fair and compassionate treatment for children of
incarcerated parents by affording certain basic rights and
considerations to these children.
Section 5. The Code of Criminal Procedure of 1963 is
amended by adding Article 106G as follows:
(725 ILCS 5/Art. 106G heading new)
ARTICLE 106G. BILL OF RIGHTS FOR CHILDREN OF INCARCERATED
PARENTS
(725 ILCS 5/106G-5 new)
Sec. 106G-5. Policies and procedures. The Department of
Corrections, county sheriff, or county correctional department
shall develop and implement policies and practices that adhere
to the guiding principles in Section 106G-10 for decisions that
impact incarcerated individuals with children.

HB4793 - 2 - LRB101 19163 RLC 68626 b
(725 ILCS 5/106G-10 new)
Sec. 106G-10. Bill of rights for children of incarcerated
parents. The bill of rights for children of incarcerated
parents described in this Section must recognize that each
child of an incarcerated parent has certain essential rights,
including, but not limited to, the following:
(1) To be protected from additional trauma at the time of
parental arrest and sentencing.
(2) To be informed of the arrest and any sentence in an
age-appropriate manner.
(3) To be heard and respected by decision makers when
decisions are made about the child.
(4) To be considered when decisions are made about the
child's parent.
(5) To be cared for in the absence of the child's parent in
a way that prioritizes the child's physical, mental, and
emotional needs.
(6) To be supported during the parent's incarceration.
(7) To speak with, see, and touch the incarcerated parent.
(8) To be informed about local services and programs that
can provide support to the child as the child deals with the
parent's incarceration.
(9) To not be judged, labeled, or blamed for the parent's
incarceration.
(10) To have a lifelong relationship with the incarcerated

HB4793 - 3 - LRB101 19163 RLC 68626 b
parent.
Section 99. Effective date. This Act takes effect upon
becoming law.